CanI be fired for my boss asking for aday off even after he told me that it was OK?.

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CanI be fired for my boss asking for aday off even after he told me that it was OK?.

I was fired today for asking for Tuesdays and Saturdays off. I asked my boss if I had to work 6 days a week and he said no it was not mandatory. I even asked if Iwould get fired for not working non-mandatory overtime and he said no. When I came in this morning I was fired. What can I do?

Asked on October 24, 2011 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Do you have an employment contract?  If you do, and if it addresses the reasons you could be fired, or the process for termination, you can enforce its terms; you could only be fired in accordance or compliance with the contract.

If you do not have an employment contract, you are almost certainly an employee at will and may be fired at any time, for any reason. If that is the case, you probably do not have any recourse and you could be legitimately fired as you describe, unless you can show that the firing was discriminatory in some way: e.g. you were terminated due to your race, sex, religion, age over 40, disability, etc.  Unfortunately, in the absence of an employment contract, employees have very little protection from termination.


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